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700 MHz

This post is a parody of “Dialogue Concerning the Two Chief World Systems” written by Galileo Galilei in 1632, which attempted to prove that the earth revolves around the sun (the Copernican system). Although the Copernican system was ultimately proven to be scientifically correct, Galileo was convicted of heresy and his book was placed on the Index of Forbidden Books for more than two hundred years.

Galileo’s book was written as a dialogue between three characters, Salviati, who supported Galileo’s view, Simplicio, who believed the universe revolves around the earth (the Ptolemaic system), and Sagredo, an open-minded person with no established position. In this parody, Salviati supports the use of actual or de facto guard bands between broadcast and mobile services, Simplicio supports the FCC’s competing guard band proposals in the 600 MHz and 700 MHz bands, and Sagredo remains open-minded.

INTERLOCUTORS

Salviati, Sagredo, Simplicio

SALVIATI. We resolved to meet today and discuss the differences in the FCC’s approach to the potential for harmful interference between broadcast and mobile services in the 600 MHz band on the one hand and the lower 700 MHz band on the other. Read More

Frontline relied on the DOJ foreclosure theory to predict that the lack of eligibility restrictions in the 700 MHz auction would “inevitably” increase prices, stifle innovation, and reduce the diversity of service offerings as Verizon and AT&T warehoused the spectrum. In reality, the exact opposite occurred.

The DOJ recently recommended that the FCC rig the upcoming incentive auction to ensure Sprint Nextel and T-Mobile are winners and Verizon and AT&T are losers. I previously noted that the DOJ spectrum plan (1) inconsistent with its own findings in recent merger proceedings and the intent of Congress, (2) inherently discriminatory, and (3) irrational as applied. Additional analysis indicates that it isn’t supported by economic theory or FCC factual findings either. Read More

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Last week’s CLIP & Wiley Rein webinar, Balancing Competing Goals in the Spectrum Incentive Auction, will be available for ninety days at this link. My remarks during the webinar are printed below. Read More

At yesterday’s oversight hearing of the Federal Communications Commission (FCC) in the US Senate, Commissioner McDowell said the rules governing the “C Block” in the upper 700 MHz band were responsible for its lack of interoperability. This wasn’t the first time someone has misunderstood what drove the development of the 700 MHz band plan in the US and the 3GPP process that developed LTE standards for the band, and I don’t expect it will be the last.

The 700 MHz band plan is complex and riddled with exceptions based on its unique history. I presented a keynote describing that history and its impact on the band to an international audience at 4G World last year. The keynote explained why the US couldn’t simply adopt the technically more efficient and interoperable “APT” band plan for 700 MHz that is preferred in Asia and was recently adopted by Mexico. The presentation I gave at 4G World is available here: 4G World 700 MHz Keynote.

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Congress recently mandated that the Federal Communications Commission (FCC) make additional spectrum available through a novel incentive auction designed to transition television broadcast spectrum to mobile use. The FCC’s task is to adequately compensate television broadcasters for relinquishing their spectrum while ensuring such spectrum is rapidly transitioned to mobile uses that benefit consumers nationwide.

If the FCC had adopted the eligibility restrictions proposed by PISC in 2007, the United States would not have achieved the LTE leadership touted by current FCC Chairman Genachowski.

I was pleased to see FCC Chairman Genachowski praise the market-based policies of his predecessors in his remarks at Vox last week. He noted that the United States is currently leading the world in next generation mobile wireless services with 69 percent of the world’s LTE subscribers, which he attributes to “smart government policies.” He didn’t mention, however, that the “smart government policies” that led to America’s renewed mobile leadership were based on market principles adopted by the previous FCC.

The Communications Liberty and Innovation Project (CLIP) recently filed comments at the Federal Communications Commission (FCC) opposing an interoperability mandate in the 700 MHz band. CLIP argued that the proposed interoperability mandate would be manifestly unjust. The Supreme Court’s holding in the healthcare opinion issued last week indicates that the mandate could be more than merely unjust: it might be unconstitutional.

The Communications Liberty and Innovation Project submitted these comments in response to the FCC’s Notice of Proposed Rulemaking released on March 21, 2012, in the 700 MHz interoperability proceeding. A PDF version of these comments can be downloaded here.Read More

Later today the Communications Liberty and Innovation Project (CLIP) will be filing comments at the FCC opposing a technology mandate in the 700 MHz band after deployment has begun and without industry consensus. Imposing a technology mandate in the 700 MHz band after auctioning the spectrum pursuant to flexible rules would be another step backwards at the FCC. Since the early 1990s, the FCC had been making progress toward a more market-based approach to communications policy. Over the last two years, however, it has looked more like a 1930s-style central planning agency than a 21st century expert. A surprise technology mandate in the 700 MHz band would bring it another step closer to its central planning past.